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|19/12/2014||2014/1569||Technical Advice to the Commission on MiFID II and MiFIR||MiFID - Investor Protection, MiFID - Secondary Markets||Technical Advice||PDF
|Reasons for publication The European Securities and Markets Authority (ESMA) received a formal request (mandate) from the European Commission (Commission) on 23 April 2014 to provide technical advice to assist the Commission on the possible content of the delegated acts required by several provisions of Markets in Financial Instruments Directive (MiFID II) and the Markets in Financial Instruments Regulation (MiFIR). The mandate focuses on technical issues which follow from MiFID II and MiFIR and is available on the European Commission website (here). ESMA was required to provide technical advice by no later than six months after the entry into force of MiFID II and MiFIR (2 July 2014). Contents This final report follows the same structure as the Consultation Paper (CP) published by ESMA on 22 May 2014 which is: (1) Introduction, (2) Investor protection, (3) Transparency, (4) Data publication, (5) Micro-structural issues, (6) Requirements applying on and to trading venues, (7) Commodity derivatives and (8) Portfolio compression. This paper also contains summaries of responses to the CP received by ESMA. The rationale of those items covered already in the CP for which no relevant changes have been introduced, is not developed again in this Final Report. ESMA recommends, therefore, to read this report together with the CP published on 22 May 2014 to have a complete vision of the rationale for ESMA’s technical advice. Next steps Delegated acts should be adopted by the Commission so that they enter into application by 30 months following the entry into force of the Directive and Regulation, taking into account the right of the European Parliament and Council to object to a delegated act within 3 months (which can be extended by a further 3 months).|
|30/06/2015||2015/1006||Final Report on MiFID II-MiFIR draft technical standards on authorisation, passporting, registration of third country firms and cooperation between competent authorities||MiFID - Investor Protection||Technical Standards||PDF
|30/09/2016||2016/1408||ESMA appoints new chairs to Standing Committees||Board of Supervisors, Fund Management, Market Integrity, MiFID - Investor Protection||Statement||PDF
The Board of Supervisors of the European Securities and Markets Authority (ESMA) has appointed the following individuals to serve as chairs of its standing committees:
The standing committees are expert groups drawn from ESMA staff and the national competent authorities for securities markets regulation in the Member States, and are responsible for the development of policy in their respective areas. The appointments are for a period of two years and commence with immediate effect.
|02/06/2016||2016/902||MiFID practices for firms selling financial instruments subject to the BRRD resolution regime||MiFID - Investor Protection||Statement||PDF
|25/11/2020||70-155-8842||ESMA statement on DTO Final||Brexit, MiFID - Secondary Markets||Statement||PDF
|05/02/2019||ESMA 70-155-7026||Use of UK data in ESMA databases in case of a no-deal Brexit||Brexit, MiFID - Secondary Markets, MiFID II: Transparency Calculations and DVC||Statement||PDF
|12/10/2020||ESMA22-105-1248||Steven Maijoor Opening Statement for ECON Hearing 12 October 2020||Board of Supervisors, Brexit, Corporate Information, COVID-19, Joint Committee, Speeches||Statement||PDF
|23/02/2021||ESMA22-105-1307||Introductory statement on GameStop share trading- Steven Maijoor||Market Integrity, MiFID - Investor Protection||Statement||PDF
|31/03/2021||ESMA32-63-1156||Public statement Application of TD requirements following Brexit||Brexit, Corporate Disclosure, IFRS Supervisory Convergence, Supervisory convergence||Statement||PDF
|15/03/2019||ESMA33-5-735||ESMA statement on the endorsement of UK credit ratings in case of a no-deal Brexit||Brexit, Credit Rating Agencies||Statement||PDF
|12/07/2019||ESMA35-36-1743||Statement Product Intervention||MiFID - Investor Protection||Statement||PDF
|31/03/2020||ESMA35-36-1919||Clarification of issues related to the publication of reports by execution venues and firms as required under RTS 27 and 28||COVID-19, MiFID - Investor Protection||Statement||PDF
|28/06/2017||ESMA35-36-885||Product Intervention- General Statement||Innovation and Products, MiFID - Investor Protection||Statement||PDF
This statement provides an update on the European Securities and Markets Authority’s (ESMA) work in relation to the sale of contracts for differences (CFDs), binary options and other speculative products to retail investors.
ESMA has been concerned about the provision of speculative products such as CFDs, rolling spot forex and binary options to retail investors for a considerable period of time and has conducted ongoing monitoring and supervisory convergence work in this area. In this context, ESMA has previously published a number of Q&As on CFDs and other speculative products to foster supervisory convergence, having established a CFD Task Force in July 2015, and also issued a further investor warning on the sale of CFDs, binary options and other speculative products in July 2016.
However, ESMA remains concerned that these supervisory convergence tools may not be sufficiently effective to ensure that the risks to consumer protection are sufficiently controlled or reduced. ESMA is therefore discussing the possible use of its product intervention powers under Article 40 of MiFIR to address investor protection risks in relation to CFDs, rolling spot forex and binary options.
ESMA is in the process of discussing the possible use of its product intervention powers under Article 40 of MiFIR, the possible content of any such measures, and how they could be applied. However, ESMA can confirm that the measures being discussed for (i) CFDs and rolling spot forex and (ii) binary options include proposals that take into account a number of measures that have been adopted or publicly consulted on by EU National Competent Authorities. These measures include leverage limits, guaranteed limits on client losses, and / or restrictions on the marketing and distribution of these products.
In accordance with Article 40 of MiFIR, any intervention measures must be approved by the ESMA Board of Supervisors and can only come into effect from 3 January 2018 at the earliest.
 ESMA/2016/1166 Warning about CFDs, binary options and other speculative products published 25 July 2016
|19/12/2018||ESMA35-43-1328||Brexit Statement- information to clients||Brexit, MiFID - Investor Protection||Statement||PDF
|01/04/2020||ESMA35-43-2126||Technical Advice on the impact of the inducements and costs and charges disclosure requirements under MiFID II||MiFID - Investor Protection||Technical Advice||PDF
|04/02/2020||ESMA35-43-2134||ESMA’s Technical Advice to the Commission on the effects of product intervention measures||MiFID - Investor Protection||Technical Advice||PDF
|20/03/2020||ESMA35-43-2348||ESMA Statement on COVID-19 telephone recording||COVID-19, MiFID - Investor Protection||Statement||PDF
|06/05/2020||ESMA35-43-2391||Reminder of firms’ MiFID II conduct of business obligations in the context of increasing retail investor activity||COVID-19, MiFID - Investor Protection||Statement||PDF
|29/03/2021||ESMA35-43-2430 Final Report ESMA’s Technical Advice to the Commi||Technical Advice on the application of administrative and criminal sanctions under MiFID II/MiFIR||MiFID - Investor Protection||Technical Advice||PDF
|13/01/2021||ESMA35-43-2509||Reminder to firms of the MiFID II rules on ‘reverse solicitation’ in the context of the recent end of the UK transition period||Brexit, MiFID - Investor Protection||Statement||PDF